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Plan Confirmation

Unclaimed Oil and Gas Royalties Cannot Become Estate Property, Texas Judge Says

Confirmation order cannot turn someone else’s property into estate property.

5th Circuit
Texas
Texas Southern District

Creative Classification in Plans

June 2018

Bankruptcy Code
1122
1129
1222
1325
Topic Tags
Plan Confirmation
Practice and Procedure
Business Reorganization
Chapter 12/Farm Cases
Small Business

Supreme Court’s Second ‘Safe Harbor’ Case Is in Limbo

Two justices recommend that the Second Circuit reconsider the ‘Tribune’ safe harbor decision in light of Merit Management.

Supreme Court
Wednesday, April 4, 2018
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Plan Confirmation
Business Reorganization
Retail
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The Appellate Standard of Review in Attempting to Spot an Insider: Lakeridge Creates More Questions Than Answers

May 2018

Bankruptcy Code
11 U.S.C. §§ 101-1532
Topic Tags
Plan Confirmation
Practice and Procedure

Fifth Circuit Adopts Flexible Timing for Section 1111(b) Cramdown Valuation

Fifth Circuit refuses to adopt chapter 13 valuation timing to chapter 11 cramdowns.

5th Circuit

The Earnout Provision: A Tool for Mitigation, or a Path to Litigation?

May 2018

Bankruptcy Code
2004
Topic Tags
Automatic Stay
Claims
Bankruptcy Litigation
Creditors' Committee
Financial Advisors
Plan Confirmation
Valuation
Business Reorganization
Finance and Banking
Investment Banking

District Court Endorses Opt-Out to Confirm Substantive Consolidation Plans

Augie/Restivo problems are avoided by including opt-out provisions in a substantive consolidation chapter 11 plan.

2nd Circuit
New York
New York Southern District

The Privilege Is Mine: What Can Happen After a Corporation Files for Bankruptcy

June 2018

Bankruptcy Code
1106
Topic Tags
Bankruptcy Litigation
Corporate Governance
Plan Confirmation

Seventh Circuit Allows Anticipated Tax Refunds to Be Offset by Expenses in Chapter 13

On direct appeal, Seventh Circuit upholds Bankruptcy Judge Thorne by allowing chapter 13 debtors to retain anticipated refunds from earned income tax credits.

7th Circuit
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